Kaefer Integrated Services Pty Ltd

[2024] FWCA 4148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kaefer Integrated Services Pty Ltd

(AG2024/4205)

KAEFER INTEGRATED SERVICES PTY LTD SYNERGY POWER STATION MAINTENANCE OPERATION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 26 NOVEMBER 2024

Application for approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2024

Kaefer Integrated Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 26 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kaefer Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2024. The applicant argued that the agreement was made in good faith and was fit for purpose. The dispute involved the terms of the enterprise agreement, including wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. The main issues were whether the agreement was genuinely negotiated and if it provided for the minimum entitlements mandated by the Act.

The Commission examined the evidence presented by Kaefer Integrated Services, including documentation of the negotiation process and the content of the agreement. The applicant demonstrated that the agreement was the result of good faith negotiations between the employer and the employees' representatives. The Commission also considered the terms of the agreement to ensure they met the minimum standards required by the Fair Work Act, including provisions for pay rates, leave entitlements, and other conditions of employment. The Commission concluded that the agreement was genuinely negotiated and provided for all the minimum entitlements.

In light of the evidence and arguments presented, the Fair Work Commission approved the KAEFER Integrated Services Pty Ltd Synergy Power Station Maintenance Operation Enterprise Agreement 2024. The Commission found that the agreement was made in good faith and was fit for purpose. The decision was based on the comprehensive negotiation process and the compliance of the agreement with the statutory minimum standards. The approval ensures that the terms of the agreement will govern the employment conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established